Washington — The Supreme Court ruled Thursday that the U.S. Patent and Trademark Office did not violate the First Amendment when it refused to register a trademark for the phrase “Trump too small,” saying that a federal law banning trademarks that include the names of others does not violate the Constitution.
The Supreme Court has reversed a decision by the U.S. Court of Appeals for the Federal Circuit, which found that blocking the registration of “Trump Too Small” under a provision of federal trademark law unconstitutionally limited freedom of speech.
“The history and tradition of restricting trademarks that include names is sufficient to conclude that the Names Clause is compatible with the First Amendment,” Justice Clarence Thomas wrote for the majority.
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